TITLE 6

ACTIONS IN PARTICULAR CASES

CHAPTER 3

FORCIBLE ENTRY AND UNLAWFUL DETAINER

6-311A.  Judgment on trial by court. In an action exclusively for possession of a tract of land of five (5) acres or less for the nonpayment of rent or on the grounds that the landlord has reasonable grounds to believe that a person is, or has been, engaged in the unlawful delivery, production, or use of a controlled substance on the leased premises during the term for which the premises are let to the tenant, or for forcible detainer, or if the tenant is a tenant at sufferance pursuant to subsection (11) of section 45-1506, Idaho Code, the action shall be tried by the court without a jury. If, after hearing the evidence the court concludes that the complaint is not true, it shall enter judgment against the plaintiff for costs and disbursements. If the court finds the complaint true or if judgment is rendered by default, it shall render a general judgment against the defendant and in favor of the plaintiff, for restitution of the premises and the costs and disbursements of the action. If the court finds the complaint true in part, it shall render judgment for the restitution of such part only, and the costs and disbursements shall be taxed as the court deems just and equitable. No provision of this law shall be construed to prevent the bringing of an action for damages.

History:

[6-311A, added 1974, ch. 308, sec. 5, p. 1803; am. 1996, ch. 169, sec. 1, p. 553; am. 2001, ch. 203, sec. 4, p. 693; am. 2006, ch. 248, sec. 3, p. 758; am. 2017, ch. 276, sec. 3, p. 725.]